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Tuesday, May 1, 2012

Blue draft resolution in Sudan/ South Sudan

Diplomats say that the Security Council will vote on this draft resolution on Wednesday 2 April 2012.

"The
Security Council,

Recalling its previous
resolutions and statements on the situation in Sudan and South Sudan, in
particular resolutions 1990 (2011), 2024 (2011) and 2032 (2011), and its Presidential
Statements of 6 March 2012 and 12 April 2012, and further recalling the priority it attaches to the full and urgent
advancement of all outstanding issues from the Comprehensive Peace Agreement,

Reaffirming its strong commitment
to the sovereignty, independence, unity, and territorial integrity of Sudan and
South Sudan, and to the purposes and the principles of the United Nations
Charter,

Noting paragraph 7 of the 24
April 2012 decision of the Peace and Security Council of the African Union at
its 319th meeting, and reiterating
that the territorial boundaries of states shall not be altered by force, and
that any territorial disputes shall be settled exclusively by peaceful means,

Recalling the importance of the
principles of the peaceful settlement of international disputes, good
neighborliness, non-interference and regional cooperation,

Deeply committed to seeing Sudan and
South Sudan become two economically prosperous states living side-by-side in
peace, security, and stability, and underlining
the importance of building mutual trust, confidence and an environment
conducive to long-term stability and economic development,

Condemning the repeated incidents
of cross-border violence between Sudan and South Sudan, including troop
movements, the seizure and occupation of Heglig, support to proxy forces, and Sudanese
Armed Forces aerial bombardments,

Condemning actions by any armed
group aimed at the forced overthrow of the government of either Sudan or South
Sudan,

Expressing
deep concern at the humanitarian situation created by the fighting between
Sudan and South Sudan, and the continued fighting in the states of Southern
Kordofan and Blue Nile, in Sudan,

Strongly condemning all acts of violence
committed against civilians in violation of international humanitarian law and
human rights law,

Welcoming the withdrawal from
Heglig of the army of South Sudan and calling
for the immediate cessation of aerial bombardments by the Sudanese Armed
Forces against South Sudan,

Strongly condemning the violations of human
rights of non-combatants in the affected area, the damage to economic
infrastructure, in particular oil installations, and allinflammatory statements,
which result in mutual demonization and the threat of hostile action by
extremist elements, including xenophobic attacks,

Calling for an impartial fact
finding effort to assess the losses and economic and humanitarian damage,
including to oil facilities and other key infrastructure, in and around Heglig,

Expressing deep
concern at the fate of the nationals of both countries resident in each other’s
territory, following the end of the transition period that occurred on 8 April
2012,

Recalling the June 29,
2011 Agreement Between the Government of the Sudan and the Government of
Southern Sudan on Border Security and the Joint Political and Security
Mechanism, taking note of the commitment in Paragraph 2 to create a safe
demilitarized border zone (SDBZ), and the July 30, 2011 Agreement on the Border
Monitoring Support Mission Between the Government of Sudan and the Government
of South Sudan, which elaborates on the establishment of a Joint Border
Verification and Monitoring Mechanism (JBVMM) with an area of responsibility
corresponding to the SDBZ, and a Joint Political and Security Mechanism (JPSM),

Recognizing the urgent need for
Sudan and South Sudan to commence the process of border demilitarization,

Deploring the failure of Sudan
and South Sudan security forces to redeploy from the Abyei Area in accordance
with their Agreement of June 20, 2011 and Resolution 1990 (2011),

Convinced that there can be no military solution to the
conflict in Southern Kordofan and Blue Nile, and stressing the urgent need for a political and negotiated solution,
based on respect for diversity in unity,

Reaffirming its previous
resolutions 1674 (2006) and 1894 (2009) on the protection of civilians in armed
conflict, 1612 (2006), 1882 (2009), and 1998 (2011) on children and armed
conflict, 1502 (2003) on the protection of humanitarian and United Nations
personnel, and 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960
(2010) on women, peace and security,

Welcoming
the continuing efforts of the African Union to support Sudan and South Sudan in
addressing the legacy of conflict and bitterness in Sudan, notably through the
conclusion of the January 2005 Comprehensive Peace Agreement (CPA), its
implementation, in particular the holding of the referendum on
self-determination of South Sudan, and the negotiations on post-secession
relations,

Commending
the efforts of the AU High-level Implementation Panel, including its Chairman President
Thabo Mbeki, former Presidents Abdulsalami Abubakar and Pierre Buyoya, the
Chairperson of the Intergovernmental Authority on Development, Ethiopian Prime
Minister Meles Zenawi, the Special Envoy of the Secretary-General for Sudan and
South Sudan, Haile Menkerios, and the United Nations Interim Security Force for
Abyei (UNISFA) under the leadership of Lieutenant General Tesfay Tadesse,

Expressing its full support for the
24 April 2012 decision of the Peace and Security Council of the African Union
at its 319th meeting on the situation between the Republic of Sudan
and the Republic of South Sudan, in order to ease the current tension,
facilitate the resumption of negotiations on post-secession relations and the
normalization of their relations, including, in particular the Roadmap outlined
in that decision,

Determining that the prevailing situation along the border
between Sudan and South Sudan constitutes a serious threat to international
peace and security,

Acting under Chapter VII of the Charter of the
United Nations,

1. Decides that Sudan and South Sudan shall take the following actions
with immediate effect unless otherwise specified below:

(i) immediately
cease all hostilities, including aerial bombardments, with the parties formally
conveying their commitment in this respect to the Chairperson of the African
Union Commission and the President of the Security Council not later than 48 hours from the adoption
of this resolution;

(ii) unconditionally
withdraw all of their armed forces to their side of the border, in accordance
with previously adopted Agreements, including the Agreement on the Border
Monitoring Support Mission of 30 July 2011;

(iii) activate,
within no more than a week of the adoption of this resolution, the necessary
border security mechanisms, namely the Joint Border Verification and Monitoring
Mechanism (JBVMM) and the Safe Demilitarized Border Zone (SDBZ), in accordance
with the administrative and security map presented to the Parties by the AUHIP
in November 2011, it being understood that this map in no way prejudices
ongoing negotiations on the disputed areas and demarcation of the border;

(iv) cease
the harboring of, or support to, rebel groups against the other State;

(v) activate
the ad hoc Committee, under the Joint Political and Security Mechanism, to
receive and investigate complaints and allegations made by one party against
the other;

(vi) immediately
cease hostile propaganda and inflammatory statements in the media, as well as
any attacks against the property, religious and cultural symbols belonging to
the nationals of the other State, with the two governments assuming full
responsibility for the protection of each other’s nationals in line with
international principles, consistent with the Framework Agreement on the Status
of Nationals of the Other State and Related Matters initialed in March 2012;

(vii) implement
pending aspects of the 20 June 2011 Agreement on Temporary Security and
Administrative Arrangements for the Abyei Area, in particular the redeployment,
within no more than two weeks of the adoption of this resolution, of all
Sudanese and South Sudanese forces out of the Abyei Area;

2. Decides
that Sudan and South Sudan shall unconditionally resume negotiations, under
the auspices of the AUHIP and with the support of the Chairman of IGAD, at a
time to be set by the AUHIP in consultation with relevant international
partners, but within no more than two weeks from the time of adoption of this
resolution, to reach agreement on the following critical issues:

(i) arrangements
concerning oil and associated payments;

(ii) the
status of nationals of one country resident in the other, consistent with the
Framework Agreement on the Status of Nationals of the Other State and Related
Matters initialed in March 2012;

(iii) resolution
of the status of the disputed and claimed border areas and the demarcation of
the border; and

(iv) the
final status of the Abyei Area;

3. Decides
that the Government of Sudan and the SPLM-North shall extend full cooperation
to the AUHIP and the Chair of IGAD, to reach a negotiated settlement on the
basis of the June 28, 2011 Framework Agreement on Political Partnership between
NCP and SPLM-N and Political and Security Arrangements in Blue Nile and
Southern Kordofan States;

4. Strongly
urges Sudan and the SPLM-Ntoaccept the tripartite proposal
submitted by the African Union, the United Nations and the League of Arab
States, to permit humanitarian access to the affected population in the two
areas, ensuring in accordance with applicable
international law, including applicable international humanitarian law, and
guiding principles of emergency humanitarian assistance, the safe, unhindered
and immediate access of United Nations and other humanitarian personnel, as
well as the delivery of supplies and equipment, in order to allow such
personnel to efficiently perform their task of assisting the conflict-affected
civilian population;

5. Decides
that the negotiations referred to in paragraph 2 above shall be concluded
within three months of the adoption of this resolution, and in the event these
negotiations fail to result in an agreement on any or all of the issues within
the allotted timeframe of three months, requests
the Secretary-General, in consultation with the AUHIP, the Chair of IGAD,
and the Chairman of the AU Commission, to report within four months of the date
of this resolution to the Security Council on the status of the negotiations,
including detailed proposals on all outstanding issues;

6.
Requests the Secretary-General to consult
with the African Union on the implementation of this resolution and the
decisions of the AU PSC, to work closely with the AUHIP in support of its facilitationefforts, and to inform the Security Council
within 15 days and in two week intervals thereafter on the status of compliance
by Sudan, South Sudan, and the SPLM-N with the decisions set
forth in this resolution, and expresses
itsintention, in the event that any or all of the
parties have not complied with the decisions set forth in this resolution, to
take appropriate additional measures under Article 41 of the Charter;

7. Calls
upon all parties to promote and protect human rights, including those of
women and people belonging to vulnerable groups, to comply with their
obligations under international law, including international humanitarian and
international human rights law, and calls
for those responsible for serious violations of such law, including sexual
violence, to be held accountable;

8.
Commends the efforts by UNISFA in carrying out its
mandate,expresses its deep appreciation for the work of the Force Commander
and the troop contributing countries, and expressesits intention to
evaluate the mandate of UNISFA in the context of compliance by Sudan and South
Sudan with the decisions set forth in this resolution, and with the fulfillment
of their commitments as set out in the June 20, June 29, and July 30, 2011
Agreements. ;

9. Stresses
the importance of, and the need to restore, a comprehensive, just and lasting
peace between Sudan and South Sudan,